View cases - Stewart McKelvey

I understand that I am still in my probation period and I do not wish tocause any disruption in our daily work routine or inconvenience anyone. Iwill make all appropriate arrangements to accommodate my absence.[40] Mr. Derksen’s e-mail set out in part, as follows:As the nature of this request is one of necessity and not luxury, I felt Ishould express that I find myself in an uncomfortable position. I do notwish to cause any problems or difficulties, however as I teach and instructclients in areas such as Human Rights, personal values, principles, andbeliefs, I am compelled to uphold my own standards. As a result, I will beabsent on Friday, August 09/02.I will return to my regular work schedule Monday, August 12/02. Iapologize for any inconvenience.[41] Mrs. Imbenzi spoke to Mr. Derksen who told her that he would not be in to workon Friday. Mrs. Imbenzi advised him that would be an unauthorized day off and that shehoped he would reconsider. Mr. Derksen told Mrs. Imbenzi that Myert had a duty toaccommodate him, to which Mrs. Imbenzi testified that she replied that Mr. Derksen hada duty to let her know why he needed the day off.[42] Mrs. Imbenzi said she would consider Friday an unauthorized day off because bythe time she found out the reason for the request, late on August 8 th , it was too late toprovide coverage for the day. She said she also felt that while the company might have aduty to accommodate Mr. Derksen, he had a duty to the company to meet the contractobligations of the Program and taking the day off when the Program was failing did notmeet this requirement.[43] In setting out the events of August 7 th and 8 th , I have preferred the evidence of theImbenzis over that of Mr. Derksen. Mr. Derkson knew when he got the letter of July 9 ththat Myert was not going to grant him any more days off. He did not challenge that at thetime nor did he raise the duty to accommodate. He remained silent and I find he did sobecause he was concerned about successfully completing his probationary period if hetook the days off against his employer’s direct prohibition. That too is why I find he wasless than candid about requesting August 9 th as a day off. I find that he said in themeeting of August 7 th that he had other commitments for Friday the 9 th , not that he asked12